Controlling Shareholders Of Non-fair Related Party Transactions Of Legal Regulation

Connected transactions are a increasingly common and increasingly complex economic phenomenon in the modern society,which is neutral in itself,not the illegality of course.On the one hand,connected transactions can save transaction costs and improve efficiency;On the other hand,in the connected transactions,the transaction price deviation from the market price level,which easily lead to conflicts of interest,and eventually become a non-fair trade.At present,the main problem of connected transactions of listed companies exist is that the largest controlling shareholder is a non-fair related party transactions and wantonly against the minority shareholders,the interests of creditors.Therefore,how to control the shareholder of the association of non-fair trade regulations is an important legal issue.The paper refers to the national legal provisions,analyzing and discussing the controlling shareholder of non-fair trade practices related legal regulations.Chapter one distict the legal concept of connected transactions,analyzing the controlling shareholders through related party transactions of non-fair,then make the conclusion of the controlling shareholder of non-fair legal characteristics of connected transactions.Chapter two is a detailed analysis of the controlling shareholder of non-fair related party transactions and the reality of the root causes of hazards,come to the importance and necessity of the controlling shareholder of the association of non-fair trade regulations.Chapter three analyzes the Companies Act through the controlling shareholders of listed companies associated non-fair trade regulations of the status quo,there are many problems need to research and resolve,the main problems are:the system of cumulative voting is not applicable,information disclosure system not detailed,the system of shareholder voting rights unreasonable,as well as liability for non-standard system.Chapter four and five analyzes developed regulations on connected transactions history,the principles of regulation and the specific regulatory measures,put forward a foreign related party transactions of legal regulation,combined with China's status quo, analyzing and discussing the controlling shareholder of regulation of non-fair connected transactions system behavior and responsibility system.